In re Application for Water Rights of Board of County Commissioners

EN BANC The Board of County Commissioners for Arapahoe County (Arapahoe County) appeals from a judgment of the District Court, Water Division 4 (water court), dismissing Arapahoe County's applications for conditional water rights decrees in the Gunnison Basin. We affirm the water court's dismissal of the application for a conditional water rights decree that Arapahoe County purchased from the National Energy Resources Company (NECO). We reverse the water court's dismissal of Arapahoe County's application for a conditional water rights decree based upon a failure to prove water availability, and remand for further proceedings consistent with this opinion or for a new trial.